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PERMFILE100824
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PERMFILE100824
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Entry Properties
Last modified
8/24/2016 9:55:22 PM
Creation date
11/24/2007 7:22:53 AM
Metadata
Fields
Template:
DRMS Permit Index
Permit No
C1984065A
IBM Index Class Name
Permit File
Doc Date
12/11/2001
Doc Name
and Exhibits
Section_Exhibit Name
2.0 Legal, Financial, Compliance and Related Information
Media Type
D
Archive
Yes
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Y = royalty due Lessor on production sold from the Unitized Premises <br />• R = royalty rate as specified according to in Section 43(a) of this Lease <br />T = tote of Coal productioo sold from the Utilized Premises during the <br /> computation period <br />P = estimate of Coal available far mining from the Premises pursuant to <br /> Schedule 2 <br />U = estimate of Coal available for mining from the Unitized Premises <br /> pursuant to Schedule 2. <br />4.4 [ esser InterC~. 1( Lessor owrss a lesser interest in the Coal within <br />the Premises than the entire and undivided interest therein, then, all payments due under <br />this Leaze to be paid to Lessor shall be only in the proportion which Lessor's interest <br />bears to the entire and undivided interest in the Coal within the Premises and in <br />accordance with the nature of the estate a[ which Lessor is seized, The provisions of <br />this paragraph shall apply whether or not this Lease purports to cover the whole or a <br />fractional interest in the Coal estates. <br />If, where Lessor owns a lesser interest than the entire and undivided surface <br />or Coal estate of the Premises, Lessor subsequently acquires any portion oC such <br />previously unowned interest while this Leaze remains in force, such sur[ace and Coal <br />interests shall be automatically made subject to this Leaze, and all payments due under <br />this Lease shall be increased proportionately, where appropriate, following the acquisition <br />by Lessor oC the additional interest. Lessor agrees to notify Lessee in writing upon <br />acquisition of any such additional interest in the Premises or in the Unitized Premises <br />at leazt forty-five (45) days before any such paymenu become due, or Lessee will not be <br />required to increase the payments until the following payment date. <br />• 4.5 t ~t>istia of Payments <br />(a) Payment Schedule. Production royalties shall be paid to <br />Lessor within thirty (30) days after the laze calendar day of the calendar month during <br />which the Coal upon which said production royalties are payable was sold. Payments <br />shall be made directly either by mailing or delivering same to Lessor at the address first <br />stated in this Lease. <br />{b) Acciynment5 of Interests. Notwithstanding any actual or <br />conswaive knowledge of or notice to Lessee, no change or division in ownership of the <br />Premises, minimum royalties, or other payments, however accomplished, shall be binding <br />upon Lessee (except at Lessee's option in any partiatlaz case), until sixty (60) days alter <br />Lessee shall have been furnished with a eerti[ied copy or photocopy of the recorded <br />irstrument or instruments evidenring the change or transfer, including any intermediate <br />transfer from Lessor or its successors or assigns not theretofore furnished to Lessee, and <br />such change or transfer shall not affect any payments made prior to said date, whether <br />or not due. No change or division in the ownership oC the Premises, minimum royalties, <br />royalties, or other paymena shall operate to increase the obligations or diminish the <br />rights of Lessee. No division of royalties or other payments shall be made effective <br />except at the end oC the calendar month. If the ownership of minimum royalties, <br />royalties, or other payments becomes changed into separate, divided portiont of said <br />Premises, Lessee may pay such minimum royalties, royalties, or other payments to the <br />separate owners jointly or may suspend payment until such time as said separate owners <br />shall agree in writing upon the apportionment of such minimum royalties, royalties, or <br />other paymenu, and tarnish Lessee with a certified copy or photocopy of the recorded <br />instrument or irsstruments evidenring such agreement. In the event o[ assignment oC this <br />Lease az to a segregated portion or portions of the Premises, all minimum royalties <br />payable hereunder shall be apportionable az between the several leasehold owners on a <br />proportionate basis according to the acreage area of each, and default in the payment <br />of one shall not affect the right of other Itazeho(d owners hereunder. <br />• <br /> <br />
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